House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14th November 2007
210

Criminal Justice and Immigration Bill, continued

Mr David Hanson

227

Schedule  19,  page  203,  line  31,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

228

Schedule  19,  page  203,  line  36,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

229

Schedule  19,  page  203,  line  39,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

230

Schedule  19,  page  204,  line  2,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

231

Schedule  19,  page  204,  line  31,  at end insert—

‘“relevant lawyer” means a person who, for the purposes of the Legal

Services Act 2007, is an authorised person in relation to an activity

which constitutes the exercise of a right of audience (within the

meaning of that Act);’.

Mr David Hanson

232

Schedule  19,  page  204,  line  44,  leave out ‘regulations’ and insert ‘rules’.

Mr David Hanson

233

Schedule  19,  page  205,  line  12,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer within the meaning of section 84’.

Mr David Hanson

234

Schedule  19,  page  205,  line  20,  leave out ‘Regulations or’.

Mr David Hanson

235

Schedule  19,  page  205,  line  22,  leave out from beginning to ‘under’ in line 23 and

insert—

    ‘(4)
For subsection (5) substitute—

“(5)
A statutory instrument containing rules’.

Mr David Hanson

236

Schedule  21,  page  222,  line  26,  at end insert—

Notices of Amendments: 14th November 2007
211

Criminal Justice and Immigration Bill, continued

‘Prison Act 1952 (c. 52)

2A
In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of

young offender institutions), at the end insert “or other persons who may be

lawfully detained there”.’.

Mr David Hanson

237

Schedule  21,  page  223,  line  19,  at end insert—

‘Football Spectators Act 1989 (c. 37)

6A
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989

(offences)—

(a)
for “Part III” substitute “Part 3 or 3A”; and

(b)
for “(racial hatred)” substitute “(hatred by reference to race etc)”.

Broadcasting Act 1990 (c. 42)

6B  (1)
Section 167 of the Broadcasting Act 1990 (power to make copies of

recordings) is amended as follows.

      (2)
In subsection (4)(b), after “section 24” insert “or 29H”.

      (3)
In subsection (5)(b), after “section 22” insert “or 29F”.’.

Mr David Hanson

238

Schedule  21,  page  223,  line  32,  at end insert—

    ‘(5)
Sub-paragraph (4) extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

239

Schedule  21,  page  224,  line  4,  at end insert—

    ‘(4)
After paragraph (k) insert—

“(l)
the provision of support for children and young persons who

are subject to a violent offender order or an interim violent

offender order (within the meaning of Part 8 of the Criminal

Justice and Immigration Act 2008).”’.

Mr David Hanson

240

Schedule  21,  page  224,  leave out lines 18 to 21.

Mr David Hanson

241

Schedule  21,  page  224,  line  23,  leave out paragraph 12 and insert—

‘12
The Sexual Offences Act 2003 has effect subject to the following amendments.

12A(1)
In section 133(1) (interpretation), in paragraph (a) of the definition of

“cautioned”, for “by a police officer” substitute “(or, in Northern Ireland,

cautioned by a police officer)”.

      (2)
This paragraph extends to England and Wales and Northern Ireland only.’.

Notices of Amendments: 14th November 2007
212

Criminal Justice and Immigration Bill, continued

Mr David Hanson

242

Schedule  21,  page  224,  line  27,  at end insert—

‘12B (1)
In section 138 (orders and regulations), at the end insert—

“(4)
Orders or regulations made by the Secretary of State under this Act

may—

(a)
make different provision for different purposes;

(b)
include supplementary, incidental, consequential, transitional,

transitory or saving provisions.”

      (2)
The amendment made by sub-paragraph (1), and the repeals in Part 3 of

Schedule 23 of sections 86(4) and 87(6) of the Sexual Offences Act 2003

(which are consequential on that amendment), extend to England and Wales

and Northern Ireland only.’.

Mr David Hanson

243

Schedule  21,  page  224,  line  27,   at end insert—

‘12C (1)
Schedule 3 (sexual offences in respect of which offender becomes subject to

notification requirements) is amended as follows.

      (2)
After paragraph 35 insert—

“35A
An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)
was 18 or over, and

(b)
is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

      (3)
After paragraph 92 insert—

“92A
An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)
was 18 or over, and

(b)
is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

      (4)
In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”.

      (5)
This paragraph extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

244

Schedule  21,  page  225,  line  12,  at end insert—

‘16B (1)
Section 325 (arrangements for assessing etc risks posed by certain offenders)

is amended as follows.

      (2)
In subsection (8), for “section 326” substitute “sections 326 and 327A”.

      (3)
After that subsection insert—

“(8A)
Responsible authorities must have regard to any guidance issued under

subsection (8) in discharging those functions.”

16C
In section 326(5)(a) (review of arrangements), for “and this section” substitute

“, this section and section 327A”.’.

Notices of Amendments: 14th November 2007
213

Criminal Justice and Immigration Bill, continued

Mr David Hanson

245

Schedule  21,  page  225,  line  15,  at end insert—

‘Terrorism Act 2006 (c. 11)

17A(1)
Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as

follows.

      (2)
In the cross-heading before paragraph 6 (offences involving nuclear material),

after “material” add “or nuclear facilities”.

      (3)
In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”.

      (4)
For paragraph 6(2) and (3) substitute—

  “(2)
An offence mentioned in section 1(1)(a) or (b) of that Act where the

act making the person guilty of the offence (whether done in the

United Kingdom or elsewhere)—

(a)
is directed at a nuclear facility or interferes with the

operation of such a facility, and

(b)
causes death, injury or damage resulting from the emission

of ionising radiation or the release of radioactive material.

      (3)
An offence under any of the following provisions of that Act—

(a)
section 1B (offences relating to damage to environment);

(b)
section 1C (offences of importing or exporting etc. nuclear

material: extended jurisdiction);

(c)
section 2 (offences involving preparatory acts and threats).

      (4)
Expressions used in this paragraph and that Act have the same

meanings in this paragraph as in that Act.”

      (5)
After paragraph 6 insert—

“6A(1)
Any of the following offences under the Customs and Excise

Management Act 1979—

(a)
an offence under section 50(2) or (3) (improper importation

of goods) in connection with a prohibition or restriction

relating to the importation of nuclear material;

(b)
an offence under section 68(2) (exportation of prohibited or

restricted goods) in connection with a prohibition or

restriction relating to the exportation or shipment as stores

of nuclear material;

(c)
an offence under section 170(1) or (2) (fraudulent evasion

of duty etc.) in connection with a prohibition or restriction

relating to the importation, exportation or shipment as

stores of nuclear material.

      (2)
In this paragraph “nuclear material” has the same meaning as in the

Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”’.

Mr David Hanson

246

Schedule  21,  page  225,  line  28,  at end insert—

‘Armed Forces Act 2006 (c. 52)

19A
In paragraph 12(ah) of Schedule 2 to the Armed Forces Act 2006 (offences)—

Notices of Amendments: 14th November 2007
214

Criminal Justice and Immigration Bill, continued

(a)
for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”; and

(b)
for “racial or religious hatred” substitute “hatred by reference to race

etc”.’.

Mr David Hanson

247

Schedule  22,  page  231,  line  24,  at end insert—

‘Part 7A

Police

Police misconduct and performance procedures

24A(1)
This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 19 come

into force before the relevant provisions of the Legal Services Act 2007 come

into force.

      (2)
Until the relevant provisions of the Legal Services Act 2007 come into force—

(a)
section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph

7 of that Schedule and as referred to in the subsection (4) of section 85

of that Act substituted by paragraph 8(3) of that Schedule) has effect

as if, in subsection (4), for the definition of “relevant lawyer” there

were substituted—

““relevant lawyer” means counsel or a solicitor;”; and

(b)
section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as

substituted by paragraph 15 of that Schedule and as referred to in

subsection (6) of the section 4A of that Act substituted by paragraph

16 of that Schedule) has effect as if, in subsection (4), for the definition

of “relevant lawyer” there were substituted—

““relevant lawyer” means counsel or a solicitor;”.

      (3)
In this paragraph “the relevant provisions of the Legal Services Act 2007”

means the provisions of that Act which provide, for the purposes of that Act,

for a person to be an authorised person in relation to an activity which

constitutes the exercise of a right of audience (within the meaning of that

Act).’.

Mr David Hanson

248

Schedule  22,  page  231,  line  32,  at end insert—

‘Part 9

Miscellaneous

Persistent sales of tobacco to persons under 18

26
The new sections 12A and 12B inserted into the Children and Young Persons

Act 1933 (c. 12) by section (Persistent sales of tobacco to persons under 18)

do not apply where any of the offences mentioned in those new sections were

committed before the commencement of that section.’.

Mr David Hanson

249

Schedule  22,  page  231,  line  32,  at end insert—

Notices of Amendments: 14th November 2007
215

Criminal Justice and Immigration Bill, continued

‘Sexual offences

27
The amendment made by sub-paragraph (1) of paragraph 12B of Schedule 21

is not to be read as affecting the validity of any supplementary, incidental,

consequential, transitional, transitory or saving provisions included in orders

or regulations made by the Secretary of State under the Sexual Offences Act

2003 before the commencement of that sub-paragraph.’.

Mr David Hanson

250

Schedule  23,  page  237,  line  18,  column 2,  at beginning insert—

‘Section 86(4).

Section 87(6).’.

Mr David Hanson

251

Schedule  23,  page  237,  column 2,  leave out lines 18 to 20.

Mr David Hanson

252

Schedule  23,  page  237,  line  36,  at end insert—

‘Public Order Act 1986 (c. 64)
Section 29B(3).

In section 29H—

(a)
in subsection (1), the words “in England and

Wales”; and

(b)
subsection (2).

In section 29I—

(a)
in subsection (2)(a), the words “in the case of

an order made in proceedings in England and

Wales,”; and

(b)
subsections (2)(b) and (4).

In section 29L(1) and (2), the words “in England and

Wales”.’.

Mr David Hanson

253

Schedule  23,  page  237,  line  37,  column 2,  at end insert—

‘In Schedule 2, in paragraph 1(d), the words “in

relation to a photograph or pseudo-photograph

showing a child under 16”.’.

Mr David Hanson

254

Schedule  23,  page  238,  line  15,  column 2,  at end insert—

‘In section 54(2), the words “and the Central Police

Training and Development Authority”.’.

Notices of Amendments: 14th November 2007
216

Criminal Justice and Immigration Bill, continued

Mr David Hanson

255

Schedule  23,  page  238,  leave out line 31.

Mr David Hanson

256

Schedule  23,  page  239,  line  20,  column 2, leave out ‘paragraph 73’ and insert

‘paragraphs 73 and 119’.

SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc

Mr David Hanson

NC32

To move the following Clause:—

‘(1)
The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)
After section 2 insert—

“2A
Director’s pre-investigation powers in relation to bribery and

corruption: foreign officers etc

(1)
The powers of the Director under section 2 are also exercisable for the

purpose of enabling him to determine whether to start an investigation

under section 1 in a case where it appears to him that conduct to which

this section applies may have taken place.

(2)
But—

(a)
the power under subsection (2) of section 2 is so exercisable only

if it appears to the Director that for the purpose of enabling him

to make that determination it is expedient to require any person

appearing to him to have relevant information to do as mentioned

in that subsection, and

(b)
the power under subsection (3) of that section is so exercisable

only if it appears to the Director that for that purpose it is

expedient to require any person to do as mentioned in that

subsection.

(3)
Accordingly, where the powers of the Director under section 2 are

exercisable in accordance with subsections (1) and (2) above—

(a)
the reference in subsection (2) of that section to the person under

investigation or any other person whom the Director has reason

to believe has relevant information is to be read as a reference to

any such person as is mentioned in subsection (2)(a) above,

(b)
the reference in subsection (3) of that section to the person under

investigation or any other person is to be read as a reference to

any such person as is mentioned in subsection (2)(b) above, and

(c)
any reference in subsection (2), (3) or (4) of that section to the

investigation is to be read as a reference to the making of any

such determination as is mentioned in subsection (1) above.

(4)
Any reference in section 2(16) to the carrying out of an investigation by

the Serious Fraud Office into serious or complex fraud includes a

reference to the making of any such determination as is mentioned in

subsection (1) above.